Northwest Landowners Association, et al. v. State, et al.

Citations

• 2025 ND 147

Syllabus

There is a difference between a claim asserting a law is facially unconstitutional and a claim asserting an unconstitutional facial taking occurred. An ordinary facial challenge requires a plaintiff to prove the legislature exceeded a constitutional limitation when it enacted a law, and consequently the law on its face violates the constitution. A facial taking claim, on the other hand, is a specific type of facial challenge that asserts the mere enactment of a statute constitutes a taking. Whether a claim is a facial or as-applied challenge is not of great import when deciding whether it has accrued for purposes of a statute of limitation. The accrual date of a facial or as- applied challenge is identical to the accrual date of other substantive claims—the date upon which the plaintiff's injury occurred and the cause of action became complete. A case alleging facial unconstitutionality is ripe not simply when the law is passed but, just like an asapplied challenge, when the government acts pursuant to that law and adversely affects the plaintiff's rights. Regulatory takings are different than physical takings. An important distinction between physical and regulatory takings claims is the accrual date. In a regulatory taking, it is passage of the ordinance that injures a property's value or usefulness. But a physical taking causes injury when the property itself is taken.